Terms & Conditions
These terms govern your use of Traditions Of The Ancestor’s, Inc. TOTA’s website (“Site”). By accessing the Site, you acknowledge and accept these terms.
Unless otherwise noted, all information, text, articles, data, images, screens, webpages or other materials (collectively the "Materials") appearing on this Site are the exclusive property of TOTA or others as indicated. You may copy information from this Site for your personal or educational use only, provided that each copy includes any copyright or trademark notice or attribution as they appear on the pages copied. The Materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms without the express written permission of TOTA. You may not use any content in the Materials that may give a false or misleading impression or statement. Nothing on this Site shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise.
TOTA, the TOTA logo and TOTA.world are trademarks, service marks and/or registered trademarks of Traditions Of The Ancestors, Inc. in the United States and certain other jurisdictions. All other trademarks and service marks that appear on this Site are the property of their respective owners and are used solely to refer to those companies’ goods and services. Address any inquiries about usage of TOTA trademarks, copyrights, or designs to: Traditions Of The Ancestors, Inc., 4939 NE Avalon Lane, Bainbridge Island, WA 98110, USA.
Disclaimers of Warranties
Given the unpredictability of technology and the online environment, TOTA does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or this Site or the server that provides it will be free of viruses or other harmful elements. As a visitor to and user of this Site, you must assume full responsibility for any costs associated with servicing of equipment used with your use of our Site.
TOTA does not represent or warrant that the information accessible via this Site is accurate, complete or current. This Site could contain typographical errors, technical inaccuracies or other incorrect information. TOTA reserves the right to add to, change or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. And this Site may contain information provided by third parties. TOTA makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information. TOTA is not responsible for any errors, omissions, or inaccuracies in any information provided by such third parties. TOTA does not endorse, warrant or guarantee any products or services offered on this Site. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
While efforts have been made to ensure the accuracy of the information on this Site, it should not be treated as the basis for formulating business decisions without professional advice. We emphasize that trademark and related intellectual property laws vary from country to country, and between jurisdictions within some countries. The information on this Site will not be relevant or accurate for all countries or states.
All information provided by TOTA on this Site is provided to the public as a source of general information on cultural traditions.
THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED "AS IS," AND TOTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS CONTENTS. TOTA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Limitation of Liability
Neither TOTA nor any of its officers, members, directors, employees or other representatives will be liable for any damages, special, consequential or otherwise relating to using this Site or any information contained herein even if advised of the possibility thereof. This limitation of liability is comprehensive and applies to all damages of any kind, including, without limitation, loss of data, income or profit, loss of or damage to property and claims of third parties.
You have sole responsibility for adequate protection and backup of data and/or equipment used with the Site and will make no claim against TOTA for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the materials.
As a visitor to and a user of this Site, you agree that all access and use of this Site and its contents are at your own risk.
TOTA welcomes comments and feedback regarding this Site. However, TOTA is under no obligation to respond to any correspondence received through this Site, to maintain submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. TOTA reserves the right to remove comments that do not meet TOTA community standards.
TOTA prohibits submitting any confidential or proprietary ideas, suggestions, materials, or information via this Site or any email connection. TOTA reserves the right to remove any comments that violates this condition.
All comments, feedback, ideas, suggestions, and other submissions disclosed or submitted to TOTA through this Site shall become and remain the property of TOTA. Any such submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.
TOTA users may submit content through the content creator, or uploaded through the media manager to either a private page (individual or group) or to a public (individual or group) page. Upon submission to a private individual or group page, the user will have the option to designate the submission as private for the individual and/or group page users.
Content that is created through the content creator or uploaded through the media manager, that is designated private for that individual or group will not be shared with the general TOTA site or the general public.
Links to Third Party Sites
Any other websites accessible via links on this Site are not under the control of TOTA. TOTA is not responsible for the content of any linked site or any link in a linked site, or any changes or updates to the information in such sites. TOTA provides the linked sites to you only as a convenience and including any such link on the Site does not imply TOTA's endorsement of the site, the organization operating such site, or any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk. Under no circumstances will TOTA be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.
Links to TOTA.world
TOTA permits third party sites to link to TOTA's Site at www.tota.world under these terms:
- Links may be text-based using the words: "International Trademark Association," "TOTA" or "TOTA.org". You may not use the TOTA logo or any other trademark as a link to TOTA.
- By linking, you acknowledge and agree that, other than as set forth herein, all rights to TOTA marks, the content appearing on the TOTA website and the design of the TOTA website belong to TOTA.
- You may not create frames around TOTA’s webpages or use other techniques that alter the visual presentation or appearance of the Site.
- You must not misrepresent your relationship with TOTA or present false or misleading impressions about TOTA. No links to the Site may be used so it implies or suggests that TOTA approves or endorses you, your website or your goods and services (in all cases, except as TOTA may have agreed separately with you in writing).
- TOTA shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend TOTA against all claims arising out of or based upon your website.
- No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
- TOTA reserves the right at any time and in its sole discretion to request you remove all links or any particular link to the Site from your website.
References to Products or Services
Information on this Site may contain references or cross references to TOTA products or services not announced or available in your country. Such references do not imply that TOTA intends to announce such products or services in your country. Please contact TOTA for information regarding the products and services that may be available to you.
Through your use of the website and services, you may provide us with certain information. By using the website or the services, you authorize TOTA to use your information in the United States and any other country where we may operate.
- TOTA will not provide or sell your personal information to any third-party.
- Information we may collect or receive: When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name or billing information. Depending on how you use our website or services, we may also receive information from external applications you use to access our website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- How we use Information: We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain aspects of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
- How you can protect your information: If you want to disable our access to any passive information we receive from various technologies, you may disable cookies in your web browser. Please know TOTA will still receive information about you, such as your email address. If you terminate your account, TOTA will store information about you for 180 days. After that time, it will be deleted.
These terms will be governed by and construed under the laws of the State of Washington, USA without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state courts in Port Orchard, WA or federal courts in Seattle, WA.
Any Claim where the total amount in controversy is less than US$10,000, shall be resolved via binding arbitration initiated through the American Arbitration Association (“AAA”). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with these rules:
- if either party requests an in-person hearing the process shall be governed by subsection (c) below, otherwise, the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
- the arbitration shall be conducted by an arbitrator in Kitsap County, WA, approved or otherwise affiliated with the AAA;
- if either party requests an in-person hearing,
- the arbitrator shall decide whether a hearing is necessary or whether the arbitration shall proceed as described in subsection (a) above,
- if the arbitrator deems that a hearing is necessary, the hearing shall occur at a mutually agreed upon location, or, if the parties cannot agree on a location, at a location reasonably convenient to you and is selected by the arbitrator, and
- either party may elect to participate in an in-person hearing by phone, unless the arbitrator decides otherwise;
- the arbitrator may award injunctive or declaratory relief only for the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim;
- unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and
- any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If subparagraph (e) above is unenforceable, then this entire Mandatory Arbitration provision shall be void. Only a court and not the arbitrator can decide issues relating to the scope and enforceability of this “Resolution of Disputes” section. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TOTA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
Improperly Filed Claims - All Claims you bring against us must be resolved under this section. All Claims filed or brought contrary to this section shall be considered improperly filed and void. Should you file a Claim contrary to this section, we may recover reasonable attorney’s fees, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Class Action/Jury Waiver
ANY PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Changes to this Agreement
TOTA reserves the right to change the terms of this agreement at its discretion.
These terms, and policies referred to in these terms, represent the entire understanding relating to using the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. TOTA reserves the right to revise these terms at any time without notice by updating this posting.
Inquiries about this policy can be directed to firstname.lastname@example.org.